Westbrook Places Moratorium on Cannabis Sales, Continues Zoning Conversation

The Zoning Commission has approved a moratorium on cannabis establishments and opted to continue a public hearing over proposed zoning regulations concerning marijuana.

In 2021 Connecticut legislators passed a bill that legalized recreational marijuana use by adults in the state. That bill left it up to local municipalities to control the possibility of a store opening for marijuana retail.

In Westbrook, the town proposed two different zoning text amendment applications: one placing a moratorium on cannabis applications for at least six months that would buy more time to consider any possible regulations, and another to set standards to allow retail marijuana stores as special permit in the neighborhood commercial district, turnpike interchange district, the industrial district, and the light industrial district. Cultivators would not be allowed in the neighborhood commercial district.

Both proposals were discussed at a commission hearing in April and both continued to May. At the May 23 meeting, the commission voted to close the public hearing on the moratorium and approved the moratorium.

Having a moratorium in place prevents any applicants from applying to change the zoning or apply to open a retail cannabis store while the commission takes time to further study the issue.

“If the town were to do nothing, state law says that if an application is received, it must be treated as a similar use. Therefore, if a town wishes to unilaterally prohibit these uses, it must adopt regulations to do so,” said then-zoning enforcement officer Michael D’Amato earlier in 2022.

At the same meeting, the commission also voted to keep open a public hearing over proposed zoning regulations that govern retail cannabis use. The proposed regulations would allow retail marijuana stores as special permit in the neighborhood commercial district, turnpike interchange district, the industrial district, and the light industrial district. Cultivators would not be allowed in the neighborhood commercial district.

Under the regulations, retailers would not be allowed in the same building as a child care facility or church and cannot be located adjacent to playgrounds, parks, or schools. The stores can only operate between 8 a.m. and 9 p.m.

Any proposal for a retail store would need a plan that details hours of operation, security, signage, parking circulation, and odor mitigation steps.

D’ Amato said last month at that due to restrictions from the state, Westbrook would be limited to only one retail and one cultivation establishment until 2024 because of its population.

“If a retail establishment were to open in Westbrook, three percent of the taxes generated by these sales will be transmitted to the town,” D’Amato said.

At the May 23 meeting, current Zoning Enforcement Officer Steve Hnatuk estimated that cannabis tax revenues would amount to $100,000 to $150,000.

The next zoning commission meeting is scheduled for Monday, June 27 at 7 p.m.

There has already been some light interest in possibly bringing a marijuana retail shop to town. At a February meeting, a potential applicant spoke with the commission informally to get a sense of what regulations were in place concerning marijuana sale.

The potential applicant, Chad Lynch, said he’s been involved in the business for about seven years and was interested in working in Connecticut. Lynch said that his plan would be to open a growing and light manufacturing facility in town with a retail dispensary for the public.

With no regulations on file, it was after that meeting that the town set to work on coming up with proposed regulations.